Friday, March 18, 2011

Ninth Circuit - Exporting Thermal Imaging Cameras Requires License

In United States v. Guo, the defendant was convicted with knowingly and willfully conspiring to export, and attempting to export, ten export -controlled cameras to China without a license.  The defendant argued on appeal that the statute 50 USC s 1705 was too vague and thus there was a due process violation. The Ninth Circuit ruled that the complexity of a statute is not the same as vagueness.  Since the statute requires "that the person knew that he needed a license but did not get one," the court did not see a danger of someone violating the statute "unwittingly."

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2011/03/ninth-circuit-exporting-thermal-imaging-cameras-requires-license.html

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